BILL NUMBER: SB 1274	CHAPTERED  09/03/99

	CHAPTER   329
	FILED WITH SECRETARY OF STATE   SEPTEMBER 3, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 3, 1999
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	PASSED THE SENATE   MAY 24, 1999
	AMENDED IN SENATE   APRIL 26, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator Costa

                        FEBRUARY 26, 1999

   An act to amend Section 3482.6 of the Civil Code, to amend
Sections 19213, 19300, 19302, 19304, 19305, 19306, and 19447 of, and
to add Section 19300.5 to, the Food and Agricultural Code, relating
to animal rendering.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1274, Costa.  Animal rendering.
   (1) Existing law specifies that no "agricultural processing
activity, operation, facility, or appurtenances thereof," as defined,
that are conducted or maintained for commercial purposes, as
specified, shall be or become a nuisance, private or public, due to
any changed condition in or about the locality after it has been in
continuous operation for more than 3 years if it was not a nuisance
at the time it began.
   This bill would add to that definition of "agricultural processing
activity, operation, facility, or appurtenances thereof" rendering
plants and collection centers required to be licensed under the
provisions of the bill, as specified.
   (2) Existing provisions of the Food and Agricultural Code regulate
horsemeat and pet food and set forth definitions for this purpose,
including "rendering," which is defined to mean "the conversion of
packinghouse waste, dead animal carcasses, and kitchen grease into
industrial fats and oils inedible for human consumption and other
products inedible for human consumption."
   This bill would redefine the term "rendering" to mean "the
recycling, processing, and conversion of animal and fish byproducts
and carcasses from the meat, poultry, and seafood industries, as well
as used kitchen grease into fats, oils, and proteins that are used
primarily as feed in the animal, poultry, and pet food industries."
   (3) Existing law requires every person engaged in the business of
rendering to obtain a license from the Secretary of Food and
Agriculture for each rendering plant and collection center operated.
Existing law also sets forth criminal penalties for violating these
and other related provisions, as specified, regulating horsemeat and
pet food.
   This bill instead would require every person engaged in the
business of rendering to obtain a license from the Department of Food
and Agriculture for each rendering plant, and every person engaged
in the business of operating a collection center to obtain a license
from the department for each collection center operated.  The bill
would make other related changes.  Because the bill would expand the
scope of existing crimes, by requiring persons engaged in the
business of operating collection centers to be licensed by the
department and to come within the provisions of law regulating
horsemeat and pet food, the bill would create a state-mandated local
program.
   (4) Existing law authorizes the Secretary of Food and Agriculture,
in lieu of any civil action and in lieu of seeking prosecution, to
levy a civil penalty against a person who violates certain of these
provisions, or any regulation adopted, in an amount not to exceed
$1,000.
   Existing law also specifies that before a civil penalty is levied,
the person charged with the violation shall receive notice of the
nature of the violation and shall be granted an opportunity to be
heard, which shall include the right to review evidence and the right
to present evidence on his or her own behalf.
   This bill would change this latter provision to delete the
provision that the person charged shall be granted the opportunity to
be heard, and would provide, instead, that before a civil penalty is
levied, the person charged with the violation shall receive notice
of the nature of the violation and shall be granted the opportunity
to review the department's evidence and to present written argument
and evidence to the department as to why the civil penalty should not
be imposed or should be reduced.  The bill would specify that these
provisions do not require the department to conduct either a formal
or informal hearing, and that instead the department may dispose of
the matter upon review of the documentation presented.
  (5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3482.6 of the Civil Code is amended to read:
   3482.6.  (a) No agricultural processing activity, operation,
facility, or appurtenances thereof, conducted or maintained for
commercial purposes, and in a manner consistent with proper and
accepted customs and standards, shall be or become a nuisance,
private or public, due to any changed condition in or about the
locality, after it has been in continuous operation for more than
three years if it was not a nuisance at the time it  began.
   (b) If an agricultural processing activity, operation, facility,
or appurtenances thereof substantially increases its activities or
operations after January 1, 1993, then a public or private nuisance
action may be brought with respect to those increases in activities
or operations that have a significant effect on the environment.  For
increases in activities or operations that have been in effect more
than three years, there is a rebuttable presumption affecting the
burden of producing evidence that the increase was not substantial.
   (c) This section does not supersede any other provision of law,
except other provisions of this part, if the agricultural processing
activity, operation, facility, or appurtenances thereof, constitute a
nuisance, public or private, as specifically defined or described in
the provision.
   (d) This section prevails over any contrary provision of any
ordinance or regulation of any city, county, city and county, or
other political subdivision of the state, except regulations adopted
pursuant to Section 41700 of the Health and Safety Code as applied to
agricultural processing activities, operations, facilities, or
appurtenances thereof that are surrounded by housing or commercial
development on January 1, 1993.  However, nothing in this section
precludes a city, county, city and county, or other political
subdivision of this state, acting within its constitutional or
statutory authority and not in conflict with other provisions of
state law, from adopting an ordinance that allows notification to a
prospective homeowner that the dwelling is in close proximity to an
agricultural processing activity, operation, facility, or
appurtenances thereof and is subject to provisions of this section
consistent with Section 1102.6a.
   (e) For the purposes of this section, the following definitions
apply:
   (1) "Agricultural processing activity, operation, facility, or
appurtenances thereof" includes, but is not limited to rendering
plants licensed pursuant to Section 19300 of the Food and
Agricultural Code and collection centers licensed pursuant to Section
19300.5 of the Food and Agricultural Code, the canning or freezing
of agricultural products, the processing of dairy products, the
production and bottling of beer and wine, the processing of meat and
egg products, the drying of fruits and grains, the packing and
cooling of fruits and vegetables, and the storage or warehousing of
any agricultural products, and includes processing for wholesale or
retail markets of agricultural products.
   (2) "Continuous operation" means at least 30 days of agricultural
processing operations per year.
   (3) "Proper and accepted customs and standards" means the
compliance with all applicable state and federal statutes and
regulations governing the operation of the agricultural processing
activity, operation, facility, or appurtenances thereof with respect
to the condition or effect alleged to be a nuisance.
   (f) This section does not apply to any litigation pending or cause
of action accruing prior to January 1, 1993.
  SEC. 2.  Section 19213 of the Food and Agricultural Code is amended
to read:
   19213.  "Rendering" means the recycling, processing, and
conversion of animal and fish byproducts and carcasses from the meat,
poultry, and seafood industries, as well as used kitchen grease into
fats, oils, and proteins that are used primarily as feed in the
animal, poultry, and pet food industries.
  SEC. 3.  Section 19300 of the Food and Agricultural Code is amended
to read:
   19300.  Every person engaged in the business of rendering shall
obtain a license from the department for each rendering plant.
  SEC. 4.  Section 19300.5 is added to the Food and Agricultural
Code, to read:
   19300.5.  Every person engaged in the business of operating a
collection center shall obtain a license from the department for each
collection center operated.
  SEC. 5.  Section 19302 of the Food and Agricultural Code is amended
to read:
   19302.  The  department, after notice and hearing, may refuse to
issue a license unless the department finds that the applicant
satisfies both of the following:
   (a) Is properly equipped to engage in the business of rendering or
operating a collection center.  For these purposes, the department
shall consult with the rendering industry to determine the equipment
that shall be required.
   (b) Has never been convicted of a felony involving adulterated or
misbranded food.
  SEC. 6.  Section 19304 of the Food and Agricultural Code is amended
to read:
   19304.  All records required to be retained pursuant to this
chapter shall be maintained at the regular place of business of every
renderer and collection center operator licensed pursuant to this
article and every transporter registered pursuant to Article 6.5
(commencing with Section 19310).  Those records shall be exhibited on
demand to any peace officer of this state or any employee of the
department.
  SEC. 7.  Section 19305 of the Food and Agricultural Code is amended
to read:
   19305.  Any peace officer of this state, or any employee of the
department, during normal business hours, may inspect any premises
maintained by a renderer or collection center operator licensed
pursuant to this article or a transporter registered pursuant to
Article 6.5 (commencing with Section 19310), and any inedible kitchen
grease located on the premises, for the purpose of determining
whether that renderer, collection center operator, or transporter is
complying with the record maintenance requirements of this article.

  SEC. 8.  Section 19306 of the Food and Agricultural Code is amended
to read:
   19306.  (a) Any renderer or collection center operator licensed
pursuant to this article or transporter registered pursuant to
Article 6.5 (commencing with Section 19310) who fails in any respect
to keep the written records required by this article, or to set out
in that written record any matter required by this article to be set
out in the record, is guilty of a misdemeanor.
   (b) Every renderer, collection center operator, or transporter who
refuses, upon demand of any peace officer of this state or any
employee of the  department, to exhibit any written record required
by this article, or who destroys that record within one year after
making the final entry of any information required by this article,
is guilty of a misdemeanor.
   (c) Any violation of subdivision (b) is punishable as follows:
   (1) For a first offense, by a fine of not less than five hundred
dollars ($500), or by imprisonment in a county jail for not more than
30 days, or by both the fine and imprisonment.
   (2) For a second offense within a period of one year, by a fine of
not less than one thousand dollars ($1,000), or by imprisonment in a
county jail for not more than 30 days, or by both the fine and
imprisonment.  In addition to any other punishment imposed pursuant
to this paragraph, the court may order the defendant to stop engaging
in the business as a renderer, collection center operator, or
transporter for a period not to exceed 30 days.
   (3) For a third or any subsequent offense within a period of two
years, by a fine of not less than two thousand dollars ($2,000), or
by imprisonment in a county jail for not more than six months, or by
both the fine and imprisonment.  In addition to any other sentence
imposed pursuant to this paragraph, the court shall order the
defendant to stop engaging in the business as a renderer, collection
center operator, or transporter for a period of 30 days.
  SEC. 9.  Section 19447 of the Food and Agricultural Code is amended
to read:
   19447.  (a) In lieu of any civil action pursuant to Section 19445,
and in lieu of seeking prosecution, the secretary may levy a civil
penalty against a person who violates Article 6 (commencing with
Section 19300), Article 6.5 (commencing with Section 19310), or any
regulation adopted pursuant to those articles, in an amount not to
exceed one thousand dollars ($1,000) for each violation.
   (b) Before a civil penalty is levied, the person charged with the
violation shall receive notice of the nature of the violation and
shall be granted the opportunity to review the department's evidence
and, for up to 30 days following the issuance of the notice, the
opportunity to present written argument and evidence to the
department as to why the civil penalty should not be imposed or
should be reduced from the amount specified in the penalty notice.
Notwithstanding Chapter 4.5 (commencing with Section 11400) of, and
Chapter 5 (commencing with Section 11500) of, Part 1 of Division 3 of
Title 2 of the Government Code or any other provision of law, this
section does not require the department to conduct either a formal or
informal hearing.  The department instead may dispose of the matter
upon review of the documentation presented.
   (c) Any person upon whom a civil penalty is levied may appeal to
the secretary within 10 days of the date of receiving notification of
the penalty, as follows:
   (1) The appeal shall be in writing and signed by the appellant or
his or her authorized agent and shall state the grounds for the
appeal.
   (2) Any party, at the time of filing the appeal, or within 10 days
thereafter, may present written evidence and a written argument to
the secretary.
   (3) The secretary may grant oral arguments upon application made
at the time written arguments are made.
   (4) If an application to present an oral argument is granted,
written notice of the time and place for the oral argument shall be
given at least 10 days prior to the date set therefor.  This time
requirement may be altered by an agreement between the secretary and
the person appealing the penalty.
   (5) The secretary shall decide the appeal on any oral or written
arguments, briefs, and evidence that he or she has received.
   (6) The secretary shall render a written decision within 45 days
of the date of appeal, or within 15 days of the date of oral
arguments.  A copy of the secretary's decision shall be delivered or
mailed to the appellant.
   (7) The secretary may sustain the decision, modify the decision by
reducing the amount of the penalty levied, or reverse the decision.

   (8) A review of the decision of the secretary may be sought by the
appellant pursuant to Section 1094.5 of the Code of Civil Procedure.

   (d) Any penalties levied by the secretary pursuant to this section
shall be deposited in the General Fund.
  SEC. 10.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
